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Name: People v. Medina
Case #: C036049
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/30/2001
Subsequent History: None

Appellant was sentenced in 1999 to three years in state prison, but the trial court suspended execution of the sentence and granted probation. In 2000, when appellant violated probation, the trial court sentenced appellant to state prison, stating that it had no choice but to impose the prison term since it had been suspended. The court also stated that it probably would have granted probation, if it had the discretion. The appellate court here reversed and remanded to the trial court with directions to exercise its discretion regarding the reinstatement of probation. Upon violation and revocation of probation, the sentencing court retains discretion to reinstate probation.